Divorce needed in Ukraine

[AZSUN 2]

I need a little direction or advice. I am married to a Ukrainian citizen. We have been separated for about 4 months now. She currently lives in Ukraine and I live in the USA. I am a US Citizen and She is a Ukrainian Citizen. She has never been to the USA. We did file for a visa but it is currently at the NVC. I would like to get divorced in Ukraine. She did agree to meet me at ZAGS but now that has changed her mind. She is going to work in Moscow now. She said she does not need the divorce because she will not marry again. So I need other options for the divorce. I would like to make it easy as possible. I already have my ticket to go to Ukraine in early September. We do not have any children together or own any property together. So any help, advice, opinions will be much appreciated.

Thanks in advance!!!!!

[Barbara J 115]

I need a little direction or advice. I am married to a Ukrainian citizen. We have been separated for about 4 months now. She currently lives in Ukraine and I live in the USA. I am a US Citizen and She is a Ukrainian Citizen. She has never been to the USA. We did file for a visa but it is currently at the NVC. I would like to get divorced in Ukraine. She did agree to meet me at ZAGS but now that has changed her mind. She is going to work in Moscow now. She said she does not need the divorce because she will not marry again. So I need other options for the divorce. I would like to make it easy as possible. I already have my ticket to go to Ukraine in early September. We do not have any children together or own any property together. So any help, advice, opinions will be much appreciated.

Thanks in advance!!!!!

Ok little more info your timeline says you are K1 which is fiance petition but you say you are married and she has never been to USA, so you never filed 129f petition for fiance? right? If you have filed for a visa what type is it 129f or CR1 spousal visa? You need to contact immigration and have petition cancelled for whatever type of visa you applied for and then file for divorce if you are married. You need to be free to move on regardless of what she says.

[1HappyGuy 45]

What little I have heard about divorce in Ukraine, it is probably best to get divorced there. You will probably come out better. Don't let her mess up the rest of your life by not getting a divorce.

[AZSUN 2]

I changed my profile since I am going thru a divorce. So do not pay much attention to my profile. Sorry for the confusion. We applied for a IR-1 Visa. It is currently sitting at the NVC. We have not completed all the documents yet for it to be approved and then sent to the Embassy in Kiev. We have been married almost 3 years. She never visited the USA. She was having difficulties with getting her international passport for travel. She could care less about getting the divorce and will not be much help at all. I just want to know what is the quickest and easiest way for me. I will be traveling there since we already had plans to meet at ZAGS. I am not sure if they ZAGS people have anyway they can help me or not.

[Bad_Daddy 2,209]

I changed my profile since I am going thru a divorce. So do not pay much attention to my profile. Sorry for the confusion. We applied for a IR-1 Visa. It is currently sitting at the NVC. We have not completed all the documents yet for it to be approved and then sent to the Embassy in Kiev. We have been married almost 3 years. She never visited the USA. She was having difficulties with getting her international passport for travel. She could care less about getting the divorce and will not be much help at all. I just want to know what is the quickest and easiest way for me. I will be traveling there since we already had plans to meet at ZAGS. I am not sure if they ZAGS people have anyway they can help me or not.

You file for divorce here...she has "X" amount of days to respond to said divorce. If she doesn't respond then the divorce is a go. If she agree's and signs the paperwork it's a go. The only thing she could do to screw you is if she disagrees to said divorce, but she has to have a good reason.

Just make sure you file like now ASAP!...before you go to Ukraine. Then while your in Ukraine...it's mini skirt season there atm, so just hunt down another hottie while your there.

[slim 1,514]

When you got married there, did you ever make your documents official for here?

If so, do as Why_Me says. If not, don't do squat. Who cares if you're married in Ukraine?

[1HappyGuy 45]

It seems that you should consult an attorney just to determine which jurisdiction has authority. Doing nothing will just stop you from moving forward with you life.

[slim 1,514]

It seems that you should consult an attorney just to determine which jurisdiction has authority. Doing nothing will just stop you from moving forward with you life.

Who has jurisdiction is very simple. If he wasn't married in the US and it wasn't registered here via local application for anything then it doesn't exist except for in Ukraine. Unless he's marring another Ukrainian, nobody outside Ukraine cares.

[Penguin_ie 5,987]

Who has jurisdiction is very simple. If he wasn't married in the US and it wasn't registered here via local application for anything then it doesn't exist except for in Ukraine. Unless he's marring another Ukrainian, nobody outside Ukraine cares.

That is not true. The USA recognises foreign marriages, no need to register the marriage separately in the USA- plus they know about his marriage because of the visa petition. So he is married in the eyes of the US government. He needs a divorce, even if he never marries any foreigner again.

[slim 1,514]

That is not true. The USA recognises foreign marriages, no need to register the marriage separately in the USA- plus they know about his marriage because of the visa petition. So he is married in the eyes of the US government. He needs a divorce, even if he never marries any foreigner again.

If it's on his visa petition he should do as Why_Me suggested and simply file here.

Edited August 5, 2011 by slim

[1HappyGuy 45]

If he files here, he might get hit by some outrageous support formula. I think filing in Ukraine would be better.

[visaveteran1 33]

If he files here, he might get hit by some outrageous support formula. I think filing in Ukraine would be better.

Probably good advice. And in most US states there's that one-year waiting period before final decree. The quicker you get it over with, the better IMO. I'm thinking in most FSU countries it's a little paperwork, maybe some small bribes and it's done. Zip zip.

[Codeblue009 3]

That is not true. The USA recognises foreign marriages, no need to register the marriage separately in the USA- plus they know about his marriage because of the visa petition. So he is married in the eyes of the US government. He needs a divorce, even if he never marries any foreigner again.

Agreed!!!! Remember if you had a civil marriage in Ukraine it is legally binding in the U.S.A. Now about divorce proceeding in the U.S. You can file for divorce here, but there is a catch. One must serve her (service of process)the divorce motion documents at her current residence. Reason being, the judge will not approve a divorce without giving her the opportunity to contest the divorce. You must retain all evidence of your (or your servicer in Ukraine or Russia) attempting to serve her. If sucessful, make sure it is legally notorize in the country you serve her. Then bring it back with you on the day you go to court and explain to the judge the circumstances. Have all the immigration documents you have ever filed with you for the judge to look at. Note: You may have the ability to prove fraud and get an annulment, based on the fact she may have misled you to thinking she would be living with you as man and wife in U.S.A. If she does not appear in court or request a continuance by the prescribed court date, the judge may grant you a divorce or annulment, or he may allow additional time to pass before rendering a decision. Also, it would be beneficial to show the court that she has no intentions of coming to U.S.

I hope some of this information helps you. You should definitely get a divorce or annulment. Make the attempt on your own if you need to, but do it and keep all records of your attempt. Good Luck!!!!!

[visaveteran1 33]

Agreed!!!! Remember if you had a civil marriage in Ukraine it is legally binding in the U.S.A. Now about divorce proceeding in the U.S. You can file for divorce here, but there is a catch. One must serve her (service of process)the divorce motion documents at her current residence. Reason being, the judge will not approve a divorce without giving her the opportunity to contest the divorce. You must retain all evidence of your (or your servicer in Ukraine or Russia) attempting to serve her. If sucessful, make sure it is legally notorize in the country you serve her. Then bring it back with you on the day you go to court and explain to the judge the circumstances. Have all the immigration documents you have ever filed with you for the judge to look at. Note: You may have the ability to prove fraud and get an annulment, based on the fact she may have misled you to thinking she would be living with you as man and wife in U.S.A. If she does not appear in court or request a continuance by the prescribed court date, the judge may grant you a divorce or annulment, or he may allow additional time to pass before rendering a decision. Also, it would be beneficial to show the court that she has no intentions of coming to U.S.

I hope some of this information helps you. You should definitely get a divorce or annulment. Make the attempt on your own if you need to, but do it and keep all records of your attempt. Good Luck!!!!!

I'm no expert on divorce, especially concerning annulments, but as I stated before, many states require a 6-month or 1-year period of separation before granting a divorce. Not sure about overseas but I'm guessing no waiting periods.

Anybody know more about waiting periods?

[Codeblue009 3]

I'm no expert on divorce, especially concerning annulments, but as I stated before, many states require a 6-month or 1-year period of separation before granting a divorce. Not sure about overseas but I'm guessing no waiting periods.

Anybody know more about waiting periods?

It does vary from state to state, but the work still needs to be accomplished. For example, Texas requires a 90 day period and other countries vary also. I believe the point of this was to give our opinion on the best way to proceed, with respect to the OP. I believe there was concurrence with the fact he needs to pursue initiating a divorce, and/or annulment if he legally qualifies. The road is not simple, but the work still needs to be done.